Inebriated pedestrians: a fresh view on foreseeability and novus actus interveniens – Zenith PI Blog

‘A consideration of the Court of Appeal’s recent decision in Scott v Gavigan [2016] EWCA Civ 544 before Elias LJ, Clarke LJ and Simon LJ.’

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Zenith PI Blog, 22nd June 2016

Source: www.zenithpiwordpress.com

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Firm cleared of negligence over conveyancing advice – Law Society’s Gazette

Posted June 20th, 2016 in conflict of interest, law firms, legal services, negligence, news, solicitors by tracey

‘A court has ruled a firm was not negligent in the advice it gave a couple who were dividing their shares in a property, after the judge said the firm did not need to advise them to seek separate advice.’

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Law Society’s Gazette, 17th June 2016

Source: www.lawgazette.co.uk

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Leigh Day “breached duty” to thousands of Trafigura claimants who did not receive share of £30m settlement – Legal Futures

Posted June 17th, 2016 in compensation, law firms, negligence, news, pollution by tracey

‘Leading group action law firm Leigh Day has been found guilty of professional negligence after 6,624 of the claimants it represented in the high-profile Trafigura case were not paid their share of the £30m settlement.’

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Legal Futures, 17th June 2016

Source: www.legalfutures.co.uk

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Southern Health trust accepts responsibility for teenager’s death – The Guardian

Posted June 10th, 2016 in compensation, disabled persons, hospitals, negligence, news by sally

‘The family of an 18-year-old man who drowned following an epileptic seizure while under the care of Southern Health NHS foundation trust has been awarded £80,000 compensation.’

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The Guardian, 9th June 2016

Source: www.guardian.co.uk

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Bailey v Devon NHS Trust – Tanfield Chambers

‘In Bailey v Devon Partnership NHS Trust the High Court accepted, on the particular facts, that the statutory duty to carry out a risk assessment directly informed the extent of the common law duty of care.’

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Tanfield Chambers, 26th May 2016

Source: www.tanfieldchambers.co.uk

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Out of time and out of luck: extending time for service out of the jurisdiction – Hardwicke Chambers

‘The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants.’

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Hardwicke Chambers, 24th May 2016

Source: www.hardwicke.co.uk

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A series of unfortunate events – Hardwicke Chambers

Posted June 2nd, 2016 in holidays, insurance, interpretation, law firms, negligence, news, solicitors by sally

‘Judges occasionally lighten their judgments with literary references. The quotation from Alice in Wonderland “Words mean what I want them to mean” is a favourite in cases involving the interpretation of contracts, and Shakespeare appears fairly regularly.’

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Hardwicke Chambers, 23rd May 2016

Source: www.hardwicke.co.uk

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

Posted June 2nd, 2016 in appeals, duty of care, negligence, news, personal injuries by sally

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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Government admits defeat in bid to introduce fixed costs in clinical negligence on 1 October – Litigation Futures

‘The government has admitted that it will not be able to introduce fixed recoverable costs for clinical negligence cases on 1 October as planned.’

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Litigation Futures, 31st May 2016

Source: www.litigationfutures.co.uk

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Jackson: fixed costs grid is “starting point for debate” – Litigation Futures

Posted May 24th, 2016 in civil justice, costs, judges, negligence, news, personal injuries, speeches by sally

‘Lord Justice Jackson has sought to calm fears raised by the “grid of fixed costs” he proposed in January this year for all civil claims worth up to £250,000.’

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Litigation Futures, 24th May 2016

Source: www.litigationfutures.com

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‘Take allergies seriously or face jail’ says CPS after curry house owner convicted of manslaughter – Daily Telegraph

‘Food businesses have been warned by the CPS to take allergies seriously or face jail, after a restaurateur was imprisoned for six years for killing a customer by selling him a curry.’

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Daily Telegraph, 23rd May 2016

Source: www.telegraph.co.uk

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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Senior judges oppose singling out clin neg for fixed costs as consultation nears – Litigation Futures

‘The senior judiciary agrees with Lord Justice Jackson that fixed recoverable costs should not be introduced in clinical negligence cases in isolation, but as part of their extension across the entire fast-track and ‘lower’ end of the multi-track, it has emerged.’

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Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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Bereavement damages: Unmarried Chorley woman’s legal fight – BBC News

‘A woman is taking the government to court for breaching her human rights in denying her bereavement damages after her partner died.’

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BBC News, 22nd May 2016

Source: www.bbc.co.uk

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Doctor cleared over death of 12-year-old boy – Daily Telegraph

‘A doctor accused of gross negligence manslaughter over the death of a 12-year-old boy has been cleared of wrongdoing. Lyndsey Thomas had been on trial at Cardiff Crown Court after being charged in connection with the death of schoolboy Ryan Morse, who died at his home in south Wales following several months of ill health. But on Tuesday the GP was acquitted after a judge directed a jury to return a not guilty verdict on the 42-year-old.’

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Daily Telegraph, 17th May 2016

Source: www.telegraph.co.uk

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Government working on fixed costs extension, says Faulks, as clinical negligence debate hots up – Litigation Futures

Posted May 6th, 2016 in costs, negligence, news, personal injuries by tracey

‘The government is investigating the extension of fixed recoverable costs across all civil litigation, including how to deal with differences between different types of litigation, civil justice minister Lord Faulks said yesterday.’

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Litigation Futures, 5th may 2016

Source: www.litigationfutures.com

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Hillsborough inquest timeline: the long wait for justice – The Guardian

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

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Hillsborough verdict: victims’ families’ 27-year struggle for truth vindicated – The Guardian

‘A 27-year struggle for truth by the families of the 96 people killed at the Hillsborough football stadium has been vindicated after new inquests into the disaster determined that they had been unlawfully killed.’

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The Guardian, 27th April 2016

Source: www.guardian.co.uk

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Hillsborough disaster: Fans unlawfully killed – BBC News

Posted April 26th, 2016 in health & safety, inquests, negligence, news, police, sport, unlawful killing by sally

‘Ninety-six football fans who died as a result of a crush in the Hillsborough disaster were unlawfully killed, the inquests have concluded.’

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BBC News, 26th April 2016

Source: www.bbc.co.uk

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Damages for loss of chance in professional negligence cases – Park Square Barristers

Posted April 26th, 2016 in damages, loss of chance, negligence, news, professional conduct by sally

‘I should make it clear that I am not dealing with loss of a chance in the field of medical negligence. In that regard reference must be made to the complex reasoning in the House of Lords case of Gregg v Scott in 2005. Also, in that regard I commend a reading of the address Lord Neuberger gave to the Professional Negligence Bar Association in 2008. The reference is given in the handout materials and it can be found if you search Westlaw under “Loss of a Chance.”

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Park Square Barristers, 24th March 2016

Source: www.parksquarebarristers.co.uk

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